Version Superseded: 18/05/2017
Point in time view as at 03/07/2012. This version of this provision has been superseded.
Scotland Act 1998, Section 35 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)If a Bill contains provisions—
(a)which the Secretary of State has reasonable grounds to believe would be incompatible with any international obligations or the interests of defence or national security, or
(b)which make modifications of the law as it applies to reserved matters and which the Secretary of State has reasonable grounds to believe would have an adverse effect on the operation of the law as it applies to reserved matters,
he may make an order prohibiting the Presiding Officer from submitting the Bill for Royal Assent.
(2)The order must identify the Bill and the provisions in question and state the reasons for making the order.
(3)The order may be made at any time during—
(a)the period of four weeks beginning with the passing of the Bill,
(b)any period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 36(5),
(c)if a reference is made in relation to the Bill under section 33, the period of four weeks beginning with the reference being decided or otherwise disposed of by the [F1Supreme Court].
(4)The Secretary of State shall not make an order in relation to a Bill if he has notified the Presiding Officer that he does not intend to do so, unless the Bill has been approved as mentioned in subsection (3)(b) since the notification.
(5)An order in force under this section at a time when such approval is given shall cease to have effect.
Textual Amendments
F1Words in s. 35(3)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 98; S.I. 2009/1604, art. 2
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